REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA APPELLATE SIDE CRIMINAL APPEAL NO. 107 OF 2001 (From the Original Conviction and Sentence in Criminal Case No. 185 of 2001 of the Resident Magistrate’s Court at Kaloleni –K. Muneeni, Esq., –R.M.) KALAMA NZARO MATATA………………………………. APPELLANT =V E R S U S= REPUBLIC ……………………………………………..….RESPONDENT JUDGMENT The appellant was charged with the offence of Store Breaking and committing a felony therein contrary to section 306 (a) of the Penal Code. He was sentenced to serve imprisonment of 2 years with 3 strokes of the cane. He appeals against sentence. The value of the goods stolen from the complainants store were Kshs. 50,000/- and none were recovered. The appellant is a 1st offender. He pleaded guilty and thus saved courts time as well as spared the state the expenses of proving the charge through a lengthy trial. The trial Magistrate before sentencing took into account the appellants tender age. He considered the fact that the appellant was a first offender. The maximum sentence available to him was seven years with corporal punishment. The learned Magistrate however, gave only two years and 3 strokes. He did not break any principles of sentencing and he was mindful of all the factors before him including tender age. I see no merit in this appeal. I therefore dismiss the same and confirm the sentence. Dated and Delivered at Mombasa on 21st November 2001. D. A. ONYANCHA JUDGE
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